IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN
IN INDIA
The principle of gender equality is enshrined in the Indian Constitution
in its Preamble, Fundamental Rights, Fundamental Duties and Directive
Principles. The Constitution not only grants equality to women, but also
empowers the State to adopt measures of positive discrimination in favour of
women. Within the framework of a democratic polity, our laws, development
policies, Plans and programmes have aimed at women’s advancement in
different spheres. India has also ratified various international conventions and
human rights instruments committing to secure equal rights of women. Key
among them is the ratification of the Convention on Elimination of All Forms
of Discrimination Against Women (CEDAW) in 1993.
1. CONSTITUTIONAL PROVISIONS
The Constitution of India not only grants equality to women but also
empowers the State to adopt measures of positive discrimination in favour of
women for neutralizing the cumulative socio economic, education and
political disadvantages faced by them. Fundamental Rights, among others,
ensure equality before the law and equal protection of law; prohibits
discrimination against any citizen on grounds of religion, race, caste, sex or
place of birth, and guarantee equality of opportunity to all citizens in matters
relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42
of the Constitution are of specific importance in this regard.
Constitutional Privileges
(i) Equality before law for women (Article 14)
(ii) The State not to discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them (Article 15 (1))
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(iii) The State to make any special provision in favour of women and children
(Article 15 (3))
(iv) Equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State (Article 16)
(v) The State to direct its policy towards securing for men and women equally the
right to an adequate means of livelihood (Article 39(a)); and equal pay for
equal work for both men and women (Article 39(d))
(vi) To promote justice, on a basis of equal opportunity and to provide free legal
aid by suitable legislation or scheme or in any other way to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities (Article 39 A)
(vii) The State to make provision for securing just and humane conditions of work
and for maternity relief (Article 42)
(viii) The State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice
and all forms of exploitation (Article 46)
(ix) The State to raise the level of nutrition and the standard of living of its people
(Article 47)
(x) To promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women
(Article 51(A) (e))
(xi) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
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number of seats to be filled by direct election in every Panchayat to be
reserved for women and such seats to be allotted by rotation to different
constituencies in a Panchayat (Article 243 D (3))
(xii) Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))
(ix) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Municipality to be
reserved for women and such seats to be allotted by rotation to different
constituencies in a Municipality (Article 243 T (3))
(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled
Castes, the Scheduled Tribes and women in such manner as the legislature of
a State may by law provide (Article 243 T (4))
(xi) Article 300 (A)- Right of property to women
2. LEGAL PROVISIONS
To uphold the Constitutional mandate, the State has enacted various
legislative measures intended to ensure equal rights, to counter social discrimination
and various forms of violence and atrocities and to provide support services
especially to working women.
Although women may be victims of any of the crimes such as 'Murder',
'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women,
are characterized as 'Crime against Women'. These are broadly classified under two
categories.
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(1) The Crimes Identified Under the Indian Penal Code (IPC)
(i) Rape (Sec. 376 IPC)
(ii) Kidnapping & Abduction for different purposes (Sec. 363-373)
(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B
IPC)
(iv) Torture, both mental and physical (Sec. 498-A IPC)
(v) Molestation (Sec. 354 IPC)
(vi) Sexual Harassment (Sec. 509 IPC)
(vii) Importation of girls (up to 21 years of age)
(2) The Crimes identified under the Special Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting
women significantly have been reviewed periodically and amendments carried out to
keep pace with the emerging requirements. Some acts which have special provisions
to safeguard women and their interests are:
(i) The Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv) The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
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(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
3. SPECIAL INITIATIVES FOR WOMEN
(i) National Commission for Women
In January 1992, the Government set-up this statutory body with a
specific mandate to study and monitor all matters relating to the
constitutional and legal safeguards provided for women, review the
existing legislation to suggest amendments wherever necessary, etc.
(ii) Reservation for Women in Local Self -Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament
ensure one-third of the total seats for women in all elected offices in
local bodies whether in rural areas or urban areas.
(iii) The National Plan of Action for the Girl Child (1991-2000)
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The plan of Action is to ensure survival, protection and development of
the girl child with the ultimate objective of building up a better future
for the girl child.
(iv) National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of
Human Resource Development has prepared a “National Policy for
the Empowerment of Women” in the year 2001. The goal of this
policy is to bring about the advancement, development and
empowerment of women.
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